# RADON IDE

# SUBSCRIPTION AGREEMENT FOR INDIVIDUAL CUSTOMERS

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#### Version 1.0, effective as of December 1, 2024

IMPORTANT! READ CAREFULLY:
THIS IS A LEGAL AGREEMENT. BY CLICKING ON THE “I AGREE” (OR SIMILAR) BUTTON THAT IS PRESENTED TO YOU AT THE TIME OF PURCHASE, OR BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR DEVICE, OR OTHERWISE USING SOFTWARE MANSION SOFTWARE, SUPPORT, OR PRODUCTS, YOU BECOME A PARTY TO THIS AGREEMENT, YOU DECLARE YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT, AND YOU CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW.
Software Mansion and Customer may each also be referred to individually as a “Party” or jointly as the “Parties”.

## 1. PARTIES

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1.1. “Customer” or “you” means the individual specified in the Subscription Confirmation who is at least
13 years old. For the avoidance of doubt, Customer is a natural person and not a corporation, company,
partnership, association, or other entity or organization.

1.2. “Software Mansion” or “we” means: Software Mansion S.A., a joint stock company with its principal place of business at ul. Zabłocie 43b, 30-701
Kraków, Poland, entered in the register of businesses conducted by the District Court in Kraków for Kraków-Śródmieście,
XI Commercial Division of the National Court Register with KRS number 0000961952, NIP 6793131302, REGON 364909814.

## 2. DEFINITIONS

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2.1. “Affiliate” means, with respect to any Party, any entity that directly, or indirectly through one
or more intermediaries, controls, is controlled by, or is under common control of such Party; “control”
for such purposes means the possession, direct or indirect, of the power to direct or affect the direction
of the management and policies of a person or entity, whether through the ownership of voting securities,
by contract, or otherwise.

2.2. “Agreement” means this Radon IDE Subscription Agreement for Individual Customers.

2.3. “Machine” means a computing device used by Customer for running the Product.

2.4. “Product” means Radon IDE created by Software Mansion, intended for mass distribution.

2.5. “Product Version” means a release, update, or upgrade of a particular Product that is not identified by Software Mansion as being
made for the purpose of fixing software bugs.

2.6. “Subscription” specifies the subscription term, Products provided to Customer, subscription fees, and payment schedules.

2.7. “Subscription Confirmation” means an email confirming Customer’s rights to access and use Products, including Subscription plans, and stating
the applicable use limitations for the Product (such as, for example, the number of users and the license period).

## 3. GRANT OF RIGHTS

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3.1 The Product is provided to Customer on a ‘per seat’ basis, where Customer may deploy the Product
on a single Machine in accordance with the Product documentation, provided that Customer remains the
sole user of the Product.

3.2. Unless the Subscription has expired or this Agreement is terminated in accordance with Section 12, and subject to the terms and conditions specified in this Agreement, Software Mansion grants you the non-exclusive and non-transferable right to use each Product covered by the Subscription
as stipulated below:

(A) You may:

(i) install and use any version of the Product covered by the Subscription on a single Machine and on any operating system supported by the Product; and

(ii) make one copy of the Product solely for archival, security, and/or backup purposes.

(B) You may not:

(i) allow the same Subscription to be used concurrently by another user apart from yourself;

(ii) rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;

(iii) provide a third party with access to the Product, or the right to use the Product;

(iv) reverse engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of, the Product; or

(v) remove or obscure any proprietary or other notices contained in the Product.

3.3. This subscription is only for natural persons who are purchasing a subscription to Products using only their own funds. Notwithstanding
anything to the contrary in this Agreement, you may not use any of the Products, and this grant of rights
shall not be in effect, in the event that you do not pay Subscription fees using your own funds. If any
third party pays the Subscription fees or if you expect or receive reimbursement for those fees from
any third party, this grant of rights shall be invalid and void.

3.4. You acknowledge that no ownership rights are conveyed to you, irrespective of the use of terms such as ‘purchase’ or ‘sale’. Software Mansion
has and retains all rights, title, and interest, including all intellectual property rights, in and to
the Products, any and all related or underlying technology, and any modifications or derivative works
of the Products, including without limitation as they may incorporate Feedback (as defined below).

## 4. PURCHASING THROUGH RESELLERS AND DISTRIBUTORS

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This Agreement applies whether you purchase a Subscription directly from Software Mansion or through
an authorized Software Mansion reseller or distributor. If you purchase through a Software Mansion reseller
or distributor, the Subscription details shall be as stated in the Subscription Confirmation issued to
you by the reseller or distributor, and the reseller or distributor is responsible for the accuracy of
any such Subscription Confirmation. Neither resellers nor distributors are authorized to make any promises
or commitments on Software Mansion’ behalf, and you understand and agree that Software Mansion is not
bound by any obligations to you other than as specified in this Agreement.

## 5. ACCESS TO PRODUCTS

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5.1. All deliveries under this Agreement will be electronic. You must have an Internet connection in
order to access the Product and receive any deliveries. You are responsible for downloading and installing
the Products.

5.2 You may activate and access Products by using the link provided to you in the Subscription Confirmation email.

## 6. FEES

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6.1. Customer shall pay Subscription fees, as specified on the Software Mansion website at www.ide.swmansion.com
and in accordance with the Software Mansion IDE Terms and Conditions of Purchase (available at https://ide.swmansion.com/purchase-terms)
or an authorized Software Mansion reseller’s terms of purchase, whichever are applicable.

6.2. The Subscription fees must be paid in full, and any levies, duties, and/or taxes imposed by Customer’s jurisdiction (including,
but not limited to, value added tax, sales tax, and withholding tax) shall be borne solely by Customer.
Customer may not deduct any amounts from fees payable to Software Mansion or an authorized Software Mansion
reseller, unless otherwise specified in the applicable terms of purchase.

## 6A. FREE TRIAL

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6A.1. Subject to the terms of the [Radon Free Trial Terms](https://ide.swmansion.com/legal/free-trial),
Customer may be granted right to install and use the Product for evaluation purposes without charge.

## 7. MERCHANT OF RECORD

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Software Mansion may use third party payment processors (each, a “Payment Processor”) to bill Customer.
The processing of payments will be subject to the terms, conditions and privacy policies of the Payment
Processor, in addition to these Purchase Terms. Customer agrees to pay Software Mansion, through the
Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable
payment terms. Customer agrees to make payment using the payment method Customer provides with Customer’s
Account.

## 8. FEEDBACK

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You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if
you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is
sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly
display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty,
or restriction based on intellectual property rights or otherwise.

## 9. THIRD-PARTY SOFTWARE

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The Products include code and libraries licensed to us by third parties, including open source software
(“Third-Party Software”). A list of Third-Party Software included in each Product is available in the
respective Product documentation. All Third-Party Software is provided to You under the respective terms
stipulated in the Product documentation.

## 10. WARRANTY LIMITATIONS

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10.1. ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS
IS AT CUSTOMER’S OWN RISK.

10.2. SOFTWARE MANSION MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE MANSION (AND ITS AFFILIATES, SHAREHOLDERS,
AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (INCLUDING THE PROVIDERS OF THIRD PARTY SOFTWARE),
AND RESELLERS (COLLECTIVELY HEREUNDER, “SOFTWARE MANSION PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS,
WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION
OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

10.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE MANSION DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS:

(A) ARE ACCURATE, RELIABLE, OR CORRECT;

(B) WILL MEET ANY CUSTOMER REQUIREMENTS;

(C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE;

(D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR

(E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10.4. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE
FOR ANY DAMAGE TO ITS PROPERTY AND/OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

10.5. CUSTOMER MAY HAVE OTHER RIGHTS WHICH MAY NOT BE LIMITED OR EXCLUDED AND WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.
THIS DOCUMENT IS NOT INTENDED TO NEGATIVELY AFFECT SUCH RIGHTS.

## 11. DISCLAIMER OF DAMAGES

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11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SOFTWARE MANSION BE LIABLE
TO CUSTOMER, CUSTOMER’S AFFILIATES, USERS, OR ANYONE ELSE FOR:

(A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE;

(B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF CUSTOMER’S ACCESS TO THE PRODUCTS IN ACCORDANCE WITH THIS AGREEMENT; OR

(C) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF THE RELEVANT SOFTWARE MANSION
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE

(X) RESULTING FROM LOSS
OF USE, DATA, OR PROFITS, WHETHER OR NOT THEY ARE FORESEEABLE,

(Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR

(Z) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S USE OF OR ACCESS TO
THE PRODUCTS OR SUPPORT. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW IN THE APPLICABLE JURISDICTION.

11.2. THE TOTAL LIABILITY OF SOFTWARE MANSION IN ANY MATTER ARISING
OUT OF OR IN RELATION TO THIS AGREEMENT IS LIMITED TO THE GREATER OF

(A) ONE HUNDRED (100) US DOLLARS OR

(B) THE AGGREGATE AMOUNT PAID OR PAYABLE BY CUSTOMER DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT
FOR THE PRODUCTS GIVING RISE TO THE LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE SOFTWARE MANSION
PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY EXCEEDING SUCH AN AMOUNT AND NOTWITHSTANDING
ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

## 12. TERM AND TERMINATION

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12.1. The term of this Agreement will commence upon acceptance of this Agreement by Customer as set forth
in the preamble above, and it will continue for each Product through the end of the applicable Subscription
period specified in the respective Subscription Confirmation. The Subscription and this Agreement will
automatically renew in respect to each Product for a successive Subscription period, unless terminated
in accordance with this Agreement.

12.2. You may terminate this Agreement at any time by cancelling your Product Subscription via the link provided to you in Subscription Confirmation or via the termination
procedure available at the Merchant of Record’s website (e.g. Paddle.com). If such termination occurs
during a Subscription period, this Agreement will continue to be effective until the end of that Subscription
period. Such termination does not relieve you of the obligation to pay any outstanding Subscription fees
owed to Software Mansion, and no credits or refunds will be issued to you for prepaid Subscription fees.

12.3. Software Mansion may terminate this Agreement and the associated Subscription if:

(A) Customer has materially breached this Agreement and fails to remedy the breach within thirty (30) days of written
notice;

(B) Customer fails to make timely payment of Subscription fees in accordance with Section 6 of this Agreement;

(C) Software Mansion is required to do so by law (for example, where the provision of the Product to Customer is, or becomes, unlawful); or

(D) Software Mansion elects to discontinue providing the Product, in whole or in part. 12.4. Software Mansion will make reasonable efforts to notify Customer
via email (to the email address of the billing or technical contact provided by Customer) as follows:

(A) Thirty (30) days prior to termination of the Agreement in the events specified in Sections 12.3(C)
and 12.3(D) above, in which case Customer will be entitled to a refund of the unused portion of prepaid
Subscription fees, if applicable;

(B) Three (3) days prior to termination of the Agreement in the event specified in Section 12.3(B), in which case Customer will not be entitled to any refund of the unused
portion of prepaid Subscription fees. 12.5. Survival. Upon the expiration or termination of this Agreement,
Sections 6, 7, 8, 10, 11, and 15 of this Agreement survive.

## 13. TEMPORARY SUSPENSION

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13.1. Software Mansion reserves the right to suspend Customer’s access to Software Mansion Products if:

(A) Customer fails to pay Subscription fees on time in accordance with Section 6;

(B) Customer’s use of Product is in violation of this Agreement or disrupts or imminently threatens the security, integrity,
or availability of a Product. 13.2. If Software Mansion suspends Customer’s access to Products for non-payment
in accordance with Section 13.1(A), Customer must pay all past due amounts in order to resume access
to Product. 13.3. If Software Mansion suspends access to Product in accordance with Section 13.1, Customer
agrees that Software Mansion is entitled to charge Customer for the time period during which Customer
has access to Software Mansion Products until either access is restored in accordance with Section 13.2
or the Subscription is terminated in accordance with this Agreement.

## 14. EXPORT REGULATIONS

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14.1. Customer must comply with all applicable laws and regulations with regard to economic sanctions,
export controls, import regulations, restrictive measures, and trade embargoes (all herein referred to
as “Sanctions”), including those of the European Union and United States. Customer declares and warrants
that it is not a person targeted by Sanctions nor is it otherwise acting on behalf of any entity or person
targeted by Sanctions. Customer agrees that it will not download or otherwise export or re-export the
Product or any related technical data directly or indirectly to any person targeted by Sanctions or download
or otherwise use the Product for any end-use prohibited or restricted by Sanctions.

## 15. GENERAL

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15.1. **Entire Agreement**. The following documents are part of (‘incorporated into’) this Agreement:
the Software Mansion IDE Privacy Policy, available at https://ide.swmansion.com/privacy-policy, and the
Software Mansion IDE Terms and Conditions of Purchase, available at https://ide.swmansion.com/purchase-terms).
Together, these documents form the entire agreement and replace any previous agreement between you and
us in relation to its subject matter. Except as expressly mentioned, this Agreement does not apply or
give rights to anyone else (‘no third-party beneficiaries’). No purchase order, Customer terms, or other
document that purports to modify or supplement this Agreement will vary the terms of this Agreement unless
signed by Customer and Software Mansion.

15.2. **Reservation of Rights**. Software Mansion reserves the right at any time to cease its support of the Product and to alter prices, features, specifications, capabilities,
functions, terms of use, release dates, general availability, and other characteristics of the Product.
Nothing in this Agreement limits any rights a consumer may have under applicable consumer protection
laws.

15.3. **Changes to this Agreement**. The Agreement can be updated from time to time, to reflect changes
in the Product and how it is offered to you. (A) If this happens, we will update the terms on the Software
Mansion website and let you know either: (i) by displaying them to you in the Product; or (ii) by sending
the updated version to the email address used. (B) Any updated Agreement will start (‘be effective’)
on the date specified in the updated Agreement. By continuing to use the Product after the effective
date you agree to be bound by the modified Agreement. (C) We respect that you may not agree to the updated
Agreement. If that is the case, you can terminate your Subscription any time up to 30 days after the
effective date of the updated Agreement. Termination according to this Section entitles you to a pro-rata
refund of the pre-paid unused Subscription fees.

15.4. **Opportunity to Review**. You declare that you have had sufficient opportunity to review this Agreement, understand the content of all of its sections, negotiate
its terms, and seek independent professional legal advice before entering into it. Consequently, any
statutory “form contract” (“adhesion contract”) regulations shall not be applicable to this Agreement.

15.5. **Severability**. If a particular term of this Agreement is not enforceable, the unenforceability of that term will not affect any other terms of this Agreement.

15.6. **Interpretation**. Headings and titles are for convenience only and do not affect the interpretation of this Agreement. Terms such as “including”
are not exhaustive.

15.7. **No Waiver**. Our failure to enforce or exercise any part of this Agreement is
not a waiver of that section.

15.8. **Notice**. Software Mansion may deliver any notice to Customer via electronic
mail to an email address provided by Customer, registered mail, personal delivery, or reputable express
courier (such as DHL, FedEx, or UPS). Any such notice will be deemed to be effective (i) on the day the
notice is sent to Customer via email, (ii) upon personal delivery, (iii) one (1) day after deposit with
an express courier, or (iv) five (5) days after deposit in the mail, whichever occurs first. 15.9. Governing
Law. This Agreement is governed by the laws of Poland, without reference to conflict of laws principles
and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods.
The Parties to the agreement constituted by this Agreement undertake to use best commercial efforts to
amicably settle any disputes arising hereunder (“Dispute”).

15.10. **Dispute Resolution**. Should the Parties
to this Agreement fail to settle a Dispute amicably, the Dispute will be decided by the courts having
general jurisdiction over Software Mansion; if you are a consumer, we both agree that any Dispute-related
litigation may only be brought in, and shall be subject to the jurisdiction of, any competent court of
Poland, unless provided otherwise by applicable consumer law. Consumer Disputes can also be settled out
of court through the European Commission’s online platform for dispute resolution (ec.europa.eu/consumers/odr).

15.11. **Data Privacy**. By accepting this Agreement, Customer acknowledges that Software Mansion will process
personal data in accordance with Software Mansion IDE Privacy Policy (available at https://ide.swmansion.com/privacy-policy).

15.12. **Force Majeure**. Neither Party shall be in breach of this Agreement, or otherwise liable to the
other, by reason of any delay in performance, or non-performance, of any of its obligations under this
Agreement (except payment obligations), arising directly from an act of God, fire, flood, natural disaster,
act of terrorism, strike, lock-out, labor dispute, public health emergency, civil commotion, riot, or
act of war.

15.13. **Children and minors**. If You are under 18 years old, then by entering into this Agreement
you explicitly stipulate that (i) you have legal capacity to conclude this Agreement or that you have
valid consent from a parent or legal guardian to do so and (ii) you understand the Software Mansion IDE
Privacy Policy (available at https://ide.swmansion.com/privacy-policy). You may not enter into this Agreement
if you are under 13 years old. IF YOU DO NOT UNDERSTAND THIS SECTION, DO NOT UNDERSTAND THE SOFTWARE
MANSION PRIVACY POLICY, OR DO NOT KNOW WHETHER YOU HAVE THE LEGAL CAPACITY TO ACCEPT THESE TERMS, PLEASE
ASK YOUR PARENT OR LEGAL GUARDIAN FOR HELP. The previous version of this agreement is available here.

For further information, please contact us at [ide@swmansion.com](mailto:ide@swmansion.com).
